19122 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 

List of Subjects in 30 CFR Part 938 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: February 23, 2007. 

H. Vann Weaver, 

Acting Regional Director, Appalachian 

Region. 

■ For the reasons set out in the 

preamble, 30 CFR part 938 is amended 

as set forth below: 

PART 938—PENNSYLVANIA 

■ 1. The authority citation for part 938 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 938.15 is amended by 

adding a new entry in the table in 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 938.15 Approval of Pennsylvania 

regulatory program amendments. 

* * * * * 

Original amendment submission 

date Date of final publication Citation/description 

* * * * * * * 

May 23, 2006 ................................. April 17, 2007 ................................ 25 Pa. Code: 86.187(a)(1), (b), (c); 86.188(b)(5) [deleted]; 

86.188(c)(3) [deleted]; 86.189(c)(2) through (c)(4) [deleted reference to (c)(5)], 86.189 (c)(5) [deleted]; 86.190 (a) [the words ‘‘but 

are not limited to’’ are deleted]; 86.190(a)(3) [deleted]. 

§ 938.16 [Amended] 

■ 3. Section 938.16 is amended by 

removing and reserving paragraphs 

(mm), (nn), (oo), (pp), (qq). 

[FR Doc. E7–7227 Filed 4–16–07; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 070119012–7077–02; I.D. 

031307B] 

RIN 0648–AU78 

Pacific Albacore Tuna Fisheries; 

Vessel List to Establish Eligibility to 

Fish for Albacore Tuna in Canadian 

Waters Under the U.S. Canada 

Albacore Tuna Treaty 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

develop a new vessel list at the 

beginning of each calendar year of U.S. 

vessels eligible to fish for albacore tuna 

in Canadian waters. The vessel list 

would revert to zero vessels on 

December 31 of each year, unless NMFS 

receives a notice for a vessel to be added 

to the list for the upcoming year, with 

the requisite information. This 

regulation would clarify that the vessel 

list will remain valid for a single 

calendar year. Updating the list every 

year will facilitate the United States’

obligation to annually provide Canada a 

current list of U. S. vessels that are 

likely to fish albacore off the coast of 

Canada. The proposed rule is adopted 

without change. 

DATES: This final rule will be effective 

May 17, 2007. 

ADDRESSES: You may submit requests to 

be placed on the annual list of U.S. 

vessels eligible to fish for albacore tuna 

in Canadian waters, by any of the 

following methods: 

• E-mail: albacore.fish@noaa.gov. 

• Mail: Rodney R. McInnis, Regional 

Administrator, Southwest Region, 

NMFS, 501 West Ocean Blvd., Suite 

4200, Long Beach, CA 90802–4213. 

• Phone: (562)980–4024. 

• Fax: (562) 980–4047. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to NMFS Southwest 

Region and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Chris Fanning, Southwest Region, 

NMFS, (562) 980–4198 or (562) 980–

4030. 

SUPPLEMENTARY INFORMATION: On 

February 7, 2007, NMFS published a 

proposed rule (72 FR 5652) proposing to 

revise the methodology to create a 

vessel list for vessels eligible to fish for 

albacore tuna in Canadian waters. The 

proposed rule is adopted without 

change. The 1981 Treaty Between the 

Government of the United States of 

America and the Government of Canada 

on Pacific Coast Albacore Tuna Vessels 

and Port Privileges (Treaty), as amended 

in 2002, establishes a number of 

obligations for both countries to control 

reciprocal fishing in waters of one 

country by vessels of the other country. 

One obligation requires each country to 

annually provide to the other country a 

list of its fishing vessels that are 

expected to fish for Pacific albacore tuna 

off the coast of the other country during 

the upcoming fishing season, generally 

June through October each year. 

As described in the 2004 final rule 

implementing amendments to the 

Treaty (69 FR 31531, June 4, 2004), and 

codified at 50 CFR 300.172, the list must 

include vessel and owner name, 

address, and phone number; USCG 

documentation number (or state 

registration if not documented); vessel 

operator (if different from the owner) 

and his or her address with phone 

number. Each U.S. vessel must be on the 

list for at least 7 days prior to engaging 

in fishing under the Treaty. This is 

intended to ensure that both countries 

have equal information as to eligible 

vessels. Canadian and U.S. enforcement 

officers need up-to-date lists of eligible 

vessels to adequately enforce the Treaty. 

Vessel owners who wish their vessels to 

remain on, or be added to the vessel list 

must contact NMFS (see ADDRESSES) 

and provide the required information. 

NMFS will notify fishermen via a 

confirmation letter or email of the date 

the request to be on the list was received 

and the date the vessel was placed on 

the list. 

Before the 2006 fishing season (June 

through October), NMFS did not require 

owners of albacore fishing vessels that 

wanted their vessels to be on the list of 

U. S. vessels eligible to fish for albacore 

tuna in Canadian waters under the 

Treaty, to contact NMFS. Instead, NMFS 

relied on a lengthy list created from 

information provided by the industry 

that was not readily verifiable and did 

not indicate whether each vessel owner 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 19123 

actually wished to fish for albacore tuna 

in Canada for any given year. The result 

was that NMFS was not able to provide 

the Canadian Government an updated 

vessel list of vessels owners who 

intended to fish for albacore tuna in 

Canada for a particular fishing season. 

With this final rule, NMFS would 

amend 50 CFR 300.172 to state 

explicitly that the vessel list is effective 

for only one calender year and will be 

recompiled beginning on January 1 of 

each year. Additional vessels may be 

added to the list throughout the year in 

accordance with 50 CFR 300.172. 

Comments and Responses 

A proposed rule to implement this 

action was published on February 7, 

2007, at 72 FR 5652 and comments were 

solicited through March 9, 2007. No 

comments or responses were received. 

Classification 

The Regional Administrator, NMFS 

Southwest Region, determined that this 

final rule is consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order (E.O.) 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage (72 FR 5652) 

that this action would not have a 

significant economic impact on a 

substantial number of small entities. 

The factual basis for the certification 

was published in the proposed rule and 

is not repeated here. No comments were 

received regarding this certification. As 

a result, a regulatory flexibility analysis 

was not required and none was 

prepared. 

This final rule for revising the 

methodology for developing the list of 

vessels eligible to fish for albacore tuna 

in Canadian waters under the U.S. 

Canada Albacore Tuna Treaty presents 

contains a collection-of-information 

requirement subject to the Paperwork 

Reduction Act (PRA) that has been 

approved by OMB under control 

number 0648–0492. Public reporting 

burden for requesting to be placed on 

the list of vessels eligible to fish in 

Canadian waters is estimated to average 

0.08 hours per vessel or about 5 minutes 

each, including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Send comments regarding this burden 

estimate, or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to NMFS (see 

ADDRESSES) and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

List of Subjects in 50 CFR Part 300 

Fisheries, High seas fishing, 

International agreements, Permits, 

Reporting and recordkeeping 

requirements. 

Dated: April 11, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 300 is amended 

as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart L—Pacific Albacore Tuna 

Fisheries 

■ 1. The authority citation for part 300 

subpart L continues to read as follows: 

Authority: Sec. 401, Pub. L. 108–219, 118 

Stat. 616 (16 U.S.C. 1821 note). 

■ 2. Section 300.172 is revised to read 

as follows: 

§ 300.172 Vessel list. 

The ‘‘vessel list’’ is the list of U.S. 

vessels that are authorized to fish under 

the Treaty as amended in 2002. Only a 

vessel on the list for at least 7 days may 

engage in fishing in Canadian waters 

under the Treaty as amended in 2002. 

The owner of any U.S. vessel that 

wishes to be eligible to fish for albacore 

tuna under the Treaty as amended in 

2002 must provide the Regional 

Administrator or his designee with the 

vessel name, the owner’s name and 

address, phone number where the 

owner can be reached, the USCG 

documentation number (or state 

registration number if not documented), 

and vessel operator (if different from the 

owner) and his or her address and 

phone number. On the date that NMFS 

receives a request that includes all the 

required information, NMFS will place 

the vessel on the annual vessel list. 

NMFS will notify fishermen by a 

confirmation letter or email of the date 

the vessel was placed on the list. 

Because the vessel list will revert to zero 

vessels on December 31 of each year, the 

required information must be provided 

in the manner specified on an annual 

basis. 

[FR Doc. E7–7293 Filed 4–16–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 070207026–7079–02; I.D. 

012207A] 

RIN 0648–AS29 

Fisheries in the Western Pacific; 

Optional Use of Electronic Logbook 

Forms 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule allows 

participants in U.S. domestic pelagics, 

crustaceans, bottomfish and seamount 

groundfish, precious corals, and coral 

reef ecosystems fisheries of the western 

Pacific region the optional use of NMFSapproved electronic logbook forms in 

lieu of paper logbooks. This action is 

intended to enhance the efficiency of 

fish catch and effort data reporting and 

recordkeeping by fishermen, reduce 

human error, and improve data 

accuracy. 

DATES: This final rule is effective May 

17, 2007. 

ADDRESSES: Copies of the fishery 

management plans (FMPs) and the 

regulatory amendment may be obtained 

from Kitty M. Simonds, Executive 

Director, Western Pacific Fishery 

Management Council (Council), 1164 

Bishop Street, Suite 1400, Honolulu, HI 

96813, or via the World Wide Web at 

www.wpcouncil.org. Written comments 

regarding the burden-hour estimates or 

other aspects of the collection-ofinformation requirements contained in 

this final rule may be submitted to 

William L. Robinson, Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd. Suite 

1110, Honolulu, HI 96814, and by email to David Rostker, 

DavidlRostker@omb.eop.gov or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS PIR, (808) 944–2271. 

SUPPLEMENTARY INFORMATION: 


cprice-sewell on PRODPC61 with RULES